Car Accident Not Your Fault? Know Your Rights

Getting into a car accident is bad enough, and for some, dealing with their car insurance company can be the worst part. While insurance companies should have your best interests in mind, that may not always be the case when filing a car insurance claim.

Before getting into your specific insurance policy details, there are foundational rights that every driver has. Many car insurers won’t let you know of these rights and will instead attempt to use the least effort and money possible. If you choose TAMMS, our team of specialists will make sure that you are covered to the fullest extent of the law. If you’ve been involved in a not at fault accident, make sure to contact TAMMS for a smooth car insurance claims experience at no cost to you.

Know Your Rights

Australian drivers are legally entitled to be placed back into a similar position after their not at fault accident. If your car was damaged, the party at fault must compensate you for the costs associated with the repair.
This concept is known as demurrage. First applied to shipping, this term is now widely recognised in regards to car insurance. Demurrage is the expenses paid to the damaged vehicle owner in the event of downtime. With cars being crucial to daily life and productivity, temporarily losing a vehicle to an accident is detrimental. Not only is it costly to repair, but finding alternative transportation will also be imperative. As such, demurrage can also be applied to your rental car rate.

Filing a Claim

Regardless of which avenue you choose, the initial steps will be the same after an accident. After making sure everyone issafe, you can begin to exchange information. This information should include names, contact numbers, addresses, vehicle registration, license number, and insurance provider of the other driver. Additionally, you should take pictures and videos of the accident scene. If the police were involved, make sure to grab a copy of the police report as well.

At this point, you can call your insurer and start the car insurance claims process. This can take some time as both parties’ insurers deliberate damages. Trying to file a car insurance claim with your insurer can be an arduous task that may not yield the best results. The better option is always to first call TAMMS.

Car Rental

If you do not have a rental car included in your insurance policy, your insurer may deny you a rental car. Many not at fault drivers might be surprised to find out that they are entitled to a rental car regardless of whether or not it’s covered in their insurance policy. Even if the driver does not have any insurance, if they are involved in an accident where they are not at fault, they will still be entitled to a rental car. The costs incurred from renting the vehicle will be recovered from the at fault party.

While your car insurance company may not let you know of this right, TAMMS will guide you through all of your legal rights.

If your insurance policy does cover a rental car, it will still be suboptimal. Your insurer will most likely arrange for a rental car with whichever company has given them preferential rates. This choice will not consider how close this company’s rental centre is to you or your preference of vehicle. In the interest of saving money, the driver will usually be given a small budget that only affords a cheap compact car. Additionally, you will be responsible for picking up the rental and returning it.

By going through TAMMS, we fight for your rights to a better deal. TAMMS will negotiate with the insurance companies for a better vehicle choice. Additionally, we will get your rental car picked up and dropped off wherever you request, relieving you of some stress attached to the accident claims process.


A similar situation will occur when directing your car to a collision repair centre. As with the rental agencies, your insurer will have specific collision repair centres that give them preferential rates. The repair will be done as cheap and quick as possible, but it won’t benefit you. A faster repair time allows the insurer to save on rental car costs, and with lower costing replacement parts, the job might not be done to your standards.

Due to a possible haphazard repair, your car may very well not come out the same as it was before your accident. Under current laws, this would be a violation of your entitlement. TAMMS will fight for your rights and deal with the insurance companies so you don’t have to.


After an accident, your insurance costs could increase. If you are in a no fault car accident, TAMMS fights to keep your rates down. If the fault is determined in your favour, no punishments should be made against the safe driver.
Regardless of fault, your insurer will most likely try to increase your rates. Being involved in an accident in the first place will be enough justification for them. Forgoing to reach out to TAMMS could put you at the mercy of your insurer.

What Makes TAMMS Different?

TAMMS looks out for the best interest of their clients after their not at fault accident. Some people don’t have the time to deal with the aftermath of an accident. Others might be unsure of what they are entitled to. Regardless of the reasoning, the experts at TAMMS can handle any not at fault accident.
After an accident, proceed with collecting all the necessary information. Take pictures, copy the police report, and speak with witnesses. Afterward, instead of contacting your insurer, make sure to call TAMMS at 1300 951 221.


The TAMMS team is made up of accident management experts. Once you contact us, we will serve as your single point of contact. We pride ourselves on providing a quality and convenient service to our clients.
The team will assist in determining fault and provide guidance on what services the driver is entitled to. From there, we can handle speaking with insurers, witnesses, mechanics, and rental car centres. You can leave the work to us, and you can continue living your life.

Rental Car

Against your insurance companies wishes, TAMMS will not allow tight restrictions on your rental car. TAMMS will arrange a loaner car through Australia’s leading agencies. The rental car itself will be as close to the driver’s original car as possible, leaving you with no temporary compromises.

Additionally, TAMMS will help relieve some stress with a pickup and drop-off arrangement. Our team will have the rental car delivered wherever needed. Whether it’s the collision site or the driver’s home, it’s all covered. Once it’s time to return the vehicle, our team will pick up the rental car on your behalf.


Our team will take possession of your damaged vehicle. If the car is not drivable, we will arrange for transport. Unlike your insurer, we will select a state of the art collision repair center for your vehicle. Since the damages are being paid for by the at fault party, there is no incentive for the car repairs to be rushed and done sloppily. Once repairs have been completed, we will deliver the car back to you.
TAMMS will engage a legal firm if there are difficulties in recovering costs from the at fault party. The firm will support the driver in getting their damages paid for at no cost to the driver.

No Cost To You

If you are in a no fault car accident, there will be no cost to you. Even though TAMMS provides a comprehensive service with a large team, you will not come out of pocket. Any fees and costs throughout the claims process will be placed upon the at fault party.

Share on

Explore more of our Blogs and Articles